1305

Although her credentials are weak, I would not object that she is unqualified. One course plus some experience is probably enough. The witness does not have to be the world's best expert in a field, and can even be the world's worst expert in that particular subject. As the old joke goes:

Q: What do you call the person who graduates last in medical school?
A: “Doctor.”

Instead, I would object:

"The foundation has not been laid that the expert's procedures that underlie her testimony are 'reliable' as required by Daubert and FRE 702. There has been no testimony that the theories, procedures, and methods of analysis are standard reliable methods used in the field, are consistent with scientific principles, or that the witness followed correct procedures that would produce reliable results."

Questions? Email tanford@indiana.edu and refer to 1305.

In problem 13B, if the state offered the testimony of an expert psychologist to testify about the “independence reaction profile,” what objection could the defense make? When you think you know the answer, click here .